Cuomo proposes lesser pot charge

New York Gov. Andrew Cuomo on Monday proposed reducing the penalty for public possession of small amounts of marijuana, a move aimed at dramatically slashing the number of arrests resulting from the stop-and-frisk actions by the police department that have long drawn widespread condemnation.

Under Cuomo’s plan, which must be approved by the state Legislature, the charge for public possession of 25 grams or less of pot would be lowered to a violation from a misdemeanor. The state reduced the penalty for private possession of the same quantity of marijuana to a non-criminal violation in 1977, but public possession and smoking remained misdemeanors.

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Calling this public-private difference a “blatant inconsistency,” Cuomo said during a press conference in Albany, “The problem is the law. And the solution is: Change the law.”

Cuomo’s initiative, which Mayor Michael Bloomberg lent his support to Monday, is aimed at addressing concerns that have been raised by many state legislators and city Council members, particularly those representing districts with large minority populations.

Black and Latino youth have been those heavily impacted by misdemeanor charges resulting from stop-and-frisk searches by NYPD officers. Of those arrested from stop and frisks, 82 percent were either black or Hispanic.

Many critics of the stop-and-frisk policy have claimed that it erodes trust between citizens and law enforcement and unfairly burdens young people with criminal records, making it more difficult for them to get jobs or go to college.

“These arrests have significant consequences that can be damaging and life-altering,” Assemblyman Hakeem Jeffries said at the press conference. “This legislation will ensure that individuals who possess small amounts of marijuana are sanctioned appropriately while avoiding permanent damage on their records.”

Assembly Speaker Sheldon Silver said, “What Gov. Cuomo is proposing is a logical and, unfortunately, necessary clarification of the law as it exists today.”

Under the NYPD’s stop-and-frisk policy, cops are permitted to stop and search people if they have a “reasonable suspicion” that the person is carrying a weapon or intending to commit a crime. The problem with pot has resulted when those stopped by the police are forced to remove quantities of marijuana from their pockets during the search and therefore display the pot publicly, leading to a misdemeanor charge.